TEAS Petition to Revive Abandon Applic

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 88579902 WARRIOR (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8857990 2/large) has been amended as follows: PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

EVIDENCE
Evidence has been attached: The response to the 2(d) confusion refusal as well as associated attachments.
Original PDF file:
evi_741352196-20200704151 643121914_._WARRIOR_0704F.pdf
Converted PDF file(s) ( 12 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12
Original PDF file:
evi_1-741352196-202007041 51643121914_._PACK_FF.pdf
Converted PDF file(s) ( 117 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28Evidence-29Evidence-30Evidence-31Evidence-32Evidence-33Evidence-34Evidence-35Evidence-36Evidence-37Evidence-38Evidence-39Evidence-40Evidence-41Evidence-42Evidence-43Evidence-44Evidence-45Evidence-46Evidence-47Evidence-48Evidence-49Evidence-50Evidence-51Evidence-52Evidence-53Evidence-54Evidence-55Evidence-56Evidence-57Evidence-58Evidence-59Evidence-60Evidence-61Evidence-62Evidence-63Evidence-64Evidence-65Evidence-66Evidence-67Evidence-68Evidence-69Evidence-70Evidence-71Evidence-72Evidence-73Evidence-74Evidence-75Evidence-76Evidence-77Evidence-78Evidence-79Evidence-80Evidence-81Evidence-82Evidence-83Evidence-84Evidence-85Evidence-86Evidence-87Evidence-88Evidence-89Evidence-90Evidence-91Evidence-92Evidence-93Evidence-94Evidence-95Evidence-96Evidence-97Evidence-98Evidence-99Evidence-100Evidence-101Evidence-102Evidence-103Evidence-104Evidence-105Evidence-106Evidence-107Evidence-108Evidence-109Evidence-110Evidence-111Evidence-112Evidence-113Evidence-114Evidence-115Evidence-116Evidence-117

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Blank journals

Applicant proposes to amend the following:

Current:
Class 025 for Beanies; Belts; Gloves; Hats; Hoodies; Jackets; Pants; Shirts; Shorts; Socks; Sweatshirts; Sweat bands; Wrist bands as clothing
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Beanies; Hats; Belts; Hoodies; Gloves; Jackets; Shirts; Shorts; Sweatshirts; Pants; Sweat bands; Wrist bands as clothing; SocksClass 025 for Hats; Hoodies; Jackets; Shirts; Shorts; Sweatshirts; Sweat bands; Wrist bands as clothing
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 028 for Athletic sporting goods, namely, athletic wrist and joint supports; Playing cards; Work-out gloves; Weight lifting belts
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Athletic sporting goods, namely, athletic wrist and joint supports; Playing cards for providing fitness and exercise; Playing cards; Work-out gloves; Weight lifting beltsClass 028 for Playing cards for providing fitness and exercise
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: WARRIOR FIT, LLC, a limited liability company legally organized under the laws of Ohio, having an address of
      4815 Golden Grove Dr.
      Groveport, Ohio 43125
      United States

Proposed: WARRIOR FIT, LLC, a limited liability company legally organized under the laws of Ohio, having an address of
      4815 Golden Grove Dr.
      Groveport, Ohio 43125
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the literal element "WARRIOR" with an underscore and a silhouette of a man wielding a sword and a shield collectively representing the first letter R of the literal element.
Correspondence Information (current):
      BRYCE D. MIRACLE
      PRIMARY EMAIL FOR CORRESPONDENCE: bryce@miracle-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@miracle-law.com

The docket/reference number is WARFIT.02.
Correspondence Information (proposed):
      Bryce D. Miracle
      PRIMARY EMAIL FOR CORRESPONDENCE: bryce@miracle-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@miracle-law.com

The docket/reference number is WARFIT.02.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /Bryce D. Miracle/      Date: 07/04/2020
Signatory's Name: Bryce D. Miracle
Signatory's Position: Attorney of Record, OH
Signatory's Phone Number: 614-459-8000


Response Signature
Signature: /Bryce D. Miracle/     Date: 07/04/2020
Signatory's Name: Bryce D. Miracle
Signatory's Position: Attorney of Record, OH

Signatory's Phone Number: 614-459-8000

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    BRYCE D. MIRACLE
   MIRACLE IP
   
   1020 DENNISON AVE, 101
   COLUMBUS, Ohio 43201
Mailing Address:    Bryce D. Miracle
   MIRACLE IP
   1020 DENNISON AVE, 101
   COLUMBUS, Ohio 43201
        
RAM Sale Number: 88579902
RAM Accounting Date: 07/06/2020
        
Serial Number: 88579902
Internet Transmission Date: Sat Jul 04 15:42:44 ET 2020
TEAS Stamp: USPTO/POA-XX.XXX.XX.XX-20200704154244356
877-88579902-710bccb5187ff81519d44c5c667
1df41e99c35fa7a8bbfdc2d939534b7ed260e0-C
C-42423415-20200704151643121914